A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-46-1, §16-46-2,
§16-46-3, §16-46-4 and §16-46-5, all relating to expanding
patient access to healthcare services, improving quality of
care and reducing costs through the use of telemedicine.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-46-1, §16-46-2,
§16-46-3, §16-46-4 and §16-46-5, all to read as follows:

The Legislature finds that telemedicine can efficiently
improve access and quality of care for under served patients by
providing consultations and specialty care. Remote monitoring and
home telehealth can help the chronically ill stay at home and out
of hospitals and emergency rooms, dramatically reducing costs.
Patients are mobile and expect access to their care provider from
wherever and whenever needed. Today, more and more people are
taking advantage of telemedicine and e-health opportunities. But
these services are not available for everyone and action is needed
to assure that all citizens of West Virginia receive the benefits
available through telemedicine.

§16-46-2. Definitions.

“Telemedicine services” means the use of synchronous video
conferencing, remote patient monitoring, and asynchronous health
images or other health transmissions supported by mobile devices
(m-Health) or other telecommunications technology by a health care
provider to deliver health care services at a site other than the
site where the provider is located relating to the health care
diagnosis or treatment of a patient.

§16-46-3. Application of provisions of this article.

This article applies to all insurance policies, contracts and
plans delivered, issued for delivery, reissued or at any time
thereafter when any term of the policy, contract or plan is changed
or any premium adjustment is made. This article does not apply to
short-term travel, accident-only, limited or specified disease or
individual conversion policies or contracts or to policies or
contracts designed for issuance to persons eligible for coverage
under Medicare or any other similar coverage under state or federal
governmental plans.

§16-46-4. Required reimbursement.

Health insurers, health care subscription plans, and health
maintenance organizations shall provide appropriate reimbursement
for care delivered through an in person or electronic visit. The
state’s Medicaid plan and state employee plans may not deny
coverage on the basis that coverage is provided through
telemedicine if the health care service would be covered were it
provided through in-person consultation between the recipient and
a health care provider. Coverage for health care services provided
through telemedicine must be determined in a manner consistent with
coverage for health care services provided through in-person
consultation. Specifically included is statewide coverage,
services originating from a recipients home or wherever else they
may be, all health professionals authorized to provide services by
a telehealth method to the extent otherwise covered in the state’s
plan, and timely asynchronous telehealth services.

The Secretary of the State Department of Health and Human
Resources shall lead an interagency study and report to the
Legislature within twelve months from the passage of this article
on comprehensive plans to encourage the adoption and use of
telemedicine services as part of interoperable care delivery system
within the state. The report shall include initiatives where
health technology is engaging patients in managing their own care,
expanding access to care providers, reducing costs, and improving
population health outcomes. The report shall also include plans
for the implementation of a statewide medical assistance benefit of
a health home for individuals with chronic conditions (defined
under 42 U. S. C 1396a).

NOTE: The purpose of this bill is to expand patient access to
healthcare services, improving quality of care and reducing costs
through the use of telemedicine. The bill requires all health
insurers, health care subscription plans, and health maintenance
organizations to provide appropriate reimbursement for care
delivered through an in person or electronic visit.